Information Commissioner's Office

Waveney District Council

27 July 2015, Local government (District council)

The complainant has requested information, including correspondence and emails, between Waveney District Council and its advisors relating to the purchasing of land occupied by a former Sanyo factory. The public authority disclosed some information but withheld several documents containing information within the scope of the request on the basis of section 42, 43 and 36 of the FOIA. The Commissioner’s decision is that the Council has incorrectly applied the section 42 and 43 exemptions and although the section 36 exemption is engaged in relation to one of the documents the balance of the public interest favours disclosing this information. The Commissioner requires the public authority to disclose the information described as Documents A, B, C, D and E. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 36: Upheld FOI 42: Upheld FOI 43: Upheld